R. v. Rudder

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Neutral Citation2023 ONCA 864
Citation2023 ONCA 864
Docket NumberCOA-22-CR-0039
Date29 December 2023

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
9 practice notes
  • R. v. Maric
    • Canada
    • Court of Appeal (Ontario)
    • September 10, 2024
    ...this fact. When admissions of fact have been made, “as matter of law, a trial judge is obliged to accept those facts”: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at paras. 44-45. In any event, neither the reviewing judge, nor this court, has the authority to excise correct information:......
  • R. v. White
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • May 17, 2024
    ...Mr. White falls within the wording “any fact alleged against him” or it is better characterized as a common law admission R. v. Rudder, 2023 ONCA 864 at paras. [7] Nor does the factual admission as drafted, account for other reasonable possibilities such as Mr. White having worn gloves (one......
  • R. v. Nnane
    • Canada
    • Court of Appeal (Ontario)
    • November 19, 2024
    ...I agree. The assertions are direct evidence of the connection of a known third party, Jackson, to the murders: see, e.g., R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 59. Fountain would likely have been called as a witness if he had been available at the time of the trial. Paren......
  • R. v. Appleton
    • Canada
    • Court of Appeal (Ontario)
    • May 2, 2024
    ...is met, the fortunes of the third party suspect defence must be determined by the trier of fact on the evidence as a whole: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 58, citing Ranglin, at para 60. There is a well-recognized risk that, if misapplied, the third party suspect r......
  • Get Started for Free
9 cases
  • R. v. Maric
    • Canada
    • Court of Appeal (Ontario)
    • September 10, 2024
    ...this fact. When admissions of fact have been made, “as matter of law, a trial judge is obliged to accept those facts”: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at paras. 44-45. In any event, neither the reviewing judge, nor this court, has the authority to excise correct information:......
  • R. v. White
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • May 17, 2024
    ...Mr. White falls within the wording “any fact alleged against him” or it is better characterized as a common law admission R. v. Rudder, 2023 ONCA 864 at paras. [7] Nor does the factual admission as drafted, account for other reasonable possibilities such as Mr. White having worn gloves (one......
  • R. v. Nnane
    • Canada
    • Court of Appeal (Ontario)
    • November 19, 2024
    ...I agree. The assertions are direct evidence of the connection of a known third party, Jackson, to the murders: see, e.g., R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 59. Fountain would likely have been called as a witness if he had been available at the time of the trial. Paren......
  • R. v. Appleton
    • Canada
    • Court of Appeal (Ontario)
    • May 2, 2024
    ...is met, the fortunes of the third party suspect defence must be determined by the trier of fact on the evidence as a whole: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 58, citing Ranglin, at para 60. There is a well-recognized risk that, if misapplied, the third party suspect r......
  • Get Started for Free